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Florida HOA. I live in an HOA under Ch 720. I know there is…

Florida HOA. I live in...
Florida HOA. I live in an HOA under Ch 720. I know there is a Noticed of Intent requirement under condo law, Ch 718 for owners running for the Board. There is no such requirement to my knowledge under 720. Also our bylaws permit floor nominations at the annual meeting. That said, would you consider it a violation of statute to demand a Notice of Intent in a Ch 720 when the bylaws allow floor nominations and the statutes do not require one?
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Answered in 21 minutes by:
1/2/2018
Law Educator, Esq.
Category: Real Estate Law
Satisfied Customers: 125,207
Experience: Licensed attorney practicing landlord-tenant, land use and other real estate law and litigation.
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Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only. Please feel free to ignore any phone service request, the expert does not send those unless asked by customer and they are sent by the site automatically.

Ch. 720 does not have a notice of intent provision, so you cannot violate 720 by not requiring a notice of intent and under 720 as under 718, the laws say unless there is a bylaw to the contrary. So you have a bylaw and you would need to follow the bylaws. If the bylaws do not require a notice, the law does not require it, so it is not permissible to demand a notice of intent, since the bylaws say you can run from the floor.

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Customer reply replied 5 months ago
I think I understand. Ch 720 does not require the Notice of Intent, and our bylaws require owners be allowed to be nominated from the floor. Therefore, owners cannot be required to submit a Notice of Intent, since that prevents floor nominations. Therefore, the Notice of Intent in our case would be in violations. You are confirming that if the bylaws do not require it and the statutes do not require it, the association should not be able to demand it?

Thank you for your reply.

That is correct. Your bylaws would govern what you can and cannot do. If the bylaws allow nominations from the floor, you cannot require notice of intent to be filed.

Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page, as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.

Law Educator, Esq.
Category: Real Estate Law
Satisfied Customers: 125,207
Experience: Licensed attorney practicing landlord-tenant, land use and other real estate law and litigation.
Verified
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Customer reply replied 5 months ago
I see. Very good. Thank you sir! I will rate you now. Happy New Year!
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